HomeMy WebLinkAbout02-09 Proffer StatementGrcenway Engineering
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
BISHOP -AMARI PROPERTY
PROFFER STATEMENT
REZONING: RZ #02 -09
Rural Areas District (RA) to Business General District (B2)
PROPERTY: 2.77 acres±
Tax Parcel #44- ((A)) -43 (here -in after the "Property
RECORD OWNER: Gregory A. Bishop and Thomas Amari
APPLICANT: Gregory A. Bishop and Thomas Amari (here -in after the
"Applicants
PROJECT NAME: Bishop -Amari Property
ORIGINAL DATE
OF PROFFERS: October 27, 2008
REVISION DATE: June 24, 2009
Preliminary Matters
Bishop -Amari Rezoning
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicants hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #02 -09
for the rezoning of 2.77± -acres from the Rural Areas (RA) District to establish 2.77±
acres of B -2, Business General District, development of the subject property shall be
done in conformity with the terms and conditions set forth herein, except to the extent
that such terms and conditions may be subsequently amended or revised by the
Applicants and such be approved by the Frederick County Board of Supervisors in
accordance with the said Code and Zoning Ordinance. In the event that such rezoning is
not granted, then these proffers shall be deemed withdrawn and have no effect
whatsoever. These proffers shall be binding upon this Applicant and their legal
successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Gregory A. Bishop and
Thomas Amari, being all of Tax Map Parcel 44 ((A)) -43, and further described by
Boundary Survey Plat prepared by Marsh Legge Land Surveyors, P.L.C., dated May
24, 2006 (see attached Boundary Survey Plat), and by Deed recorded as Instrument
#080005787 in the Frederick County Clerk of Courts Office.
File #4906 /EAW
Grcenway Engineering
A.) Land Use Restrictions
B.) Transportation Enhancements
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
PROFFER STATEMENT
Bishop -Amari Rezoning
1. The Applicants hereby proffer to limit commercial structure development to a
maximum of 20,000 square feet within the Property consistent with the land use
mix assumed in the October 15, 2008 Traffic Impact Analysis (TIA) prepared by
Patton, Harris, Rust and Associates. The Applicants can deviate from this land
use mix assuming the total trip generation from site plans (based on the ITE 7
Edition Trip Generation Report) within the Property do not exceed the total trip
generation specified in the October 15, 2008. It is recognized that gasoline
canopies and gasoline pumps are excluded from the 20,000 square feet total
identified in this section.
2. The Applicants hereby proffer to limit gasoline pumps to a maximum of 8 pumps
with two fueling positions each (maximum of 16 fueling positions) to ensure
consistency with the traffic impact analysis prepared for this rezoning application.
3. The Applicants hereby proffer to prohibit the following land uses within the
Property:
Communication Facilities
Truck Stops
Hotels and Motels
Organization Hotels and Lodging
Car Washes
Miscellaneous Repair Services
Motion Picture Theaters
Amusement and Recreation Services Operated Indoors
Golf Driving Ranges and Miniature Golf Courses
Adult Retail
SIC 48
SIC 5541
SIC 701
SIC 704
SIC 7542
SIC 76
SIC 7832
SIC 79
SIC 7999
No SIC Indicated
1. The Applicants hereby proffer to improve the Martinsburg Pike (Route 11 North)
corridor along the frontage of the Property to implement the future planned urban
four -lane divided typical section. This proffered improvement includes widening
of the existing northbound travel lane to include a second thru lane, a separate
continuous right -turn lane, curb and gutter, and sidewalk along the entire frontage
File #4906 /EAW 2
Greenway Engineering
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
Bishop -Amari Rezoning
of the Property, The proffered improvements along the Martinsburg Pike
frontage of the Property are depicted on the attached Bishop -Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated June 24,
2009. The Applicants proffer to construct, or cause for the construction of this
improvement prior to the issuance of an occupancy permit associated with the
development of the first Site Plan approved for the Property. The striping plan
indicated on this attached proffered exhibit shall be determined by VDOT during
review of the first Site Plan for the property to ensure safe and efficient traffic
movement on the Martinsburg Pike corridor.
2. The Applicants hereby proffer to restrict access to the Property along the
Martinsburg Pike frontage to one right -in and right -out entrance only. The right
in and right -out access shall be designed to prohibit left turn movements into the
Property, which shall require approval by VDOT and Frederick County. The
Applicants proffer to construct, or cause for the construction of this improvement
prior to the issuance of an occupancy permit associated with the development of
the first Site Plan approved for the Property. Additionally, the Applicants agree
to provide for left turn control measures on Martinsburg Pike at this entrance after
construction if VDOT determines that the installed right -in and right -out entrance
design does not adequately prohibit left turn movements into the Property.
3. The Applicants hereby proffer to improve Old Charles Town Road (Route 761)
along the frontage of the Property. This proffered improvement includes
widening of the existing westbound travel lane to include a second future left turn
lane, a separate continuous free- flowing right turn lane, a raised concrete median
near the Martinsburg Pike intersection to separate the left turn lane and the free
flowing right turn lane, curb and gutter, and sidewalk along the entire frontage of
the Property. The proffered improvements along the Old Charles Town Road
frontage of the Property are depicted on the attached Bishop -Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated June 24,
2009. The Applicants proffer to construct, or cause for the construction of this
improvement prior to the issuance of an occupancy permit associated with the
development of the first Site Plan approved for the Property. The striping plan
indicated on this attached proffered exhibit shall be determined by VDOT during
review of the first Site Plan for the property to ensure safe and efficient traffic
movement on the Old Charles Town Road corridor.
4. The Applicants hereby proffer to prohibit direct access to Old Charles Town
Road (Route 761) from the Property and provide access from Old Charles Town
Road to the Property through the development of improvements on tax map
parcel 44- ((A)) -42, currently owned by Cutshaw Enterprises, LC. The Applicants
shall design and construct, or cause for the design and construction of a new
commercial entrance that intersects Old Charles Town Road that is of sufficient
File #4906 /EAW 3
Grecnway Engineering
October 27, 2008
Revised March 5, 2009
Revised March I6, 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
Bishop -Amari Rezoning
width for separated left and right turn egress movement, a right turn and taper
lane on Old Charles Town Road, and an access drive that is constructed in
substantial conformity to the improvements depicted on the attached Bishop
Amari Property Road Improvement Exhibit prepared by Grecnway Engineering,
dated June 24, 2009. Additionally, the Applicants proffer that no commercial
development activity will occur on the Property until a formal easement
agreement is executed between the Applicants and Cutshaw Enterprises, LC, or
their legal successors, heirs, or assigns.
5. The Applicants hereby proffer to provide for an inter parcel connection to tax
map parcel 44- ((A)) -47. The Applicants will provide the County with a copy of
the recorded inter -parcel connection easement document allowing reciprocal
ingress /egress for this tax map parcel, to include a maintenance agreement for the
inter- parcel connection, as a condition of final Site Plan approval.
6. The Applicants hereby proffer to dedicate right -of -way to the Commonwealth of
Virginia on the Property sufficient to accommodate the transportation
improvements specified in Section B(I) and Section B(3) of this proffer
statement. Said right-of -way dedication shall be provided to the Commonwealth
of Virginia prior to the issuance of the VDOT Land Use Permit necessary to
construct these improvements. The proffered variable right -of -way dedication on
the Property is depicted on the attached Bishop -Amari Property Right Of Way
Dedication Exhibit prepared by Greenway Engineering, dated June 24, 2009.
7. The Applicants hereby proffer to provide a monetary contribution of $25,000.00
for site development on the Property that does not exceed 2,000 VPD based on
the ITE 7 Edition Trip Generation Report that may be applied towards right -of-
way acquisition, engineering, or construction costs to allow for the development
of improvements on the Martinsburg Pike (U.S. Route 11) corridor. This
monetary contribution shall be increased to a total of $50,000.00 for site
development on the Property that exceeds 2,000 VPD based on the ITE 7`
Edition Trip Generation Report. This monetary contribution may be utilized
unconditionally by Frederick County to fund transportation improvements on the
Martinsburg Pike corridor, which may include the Hopewell /Brucetown
intersection and may be used as local match funding for any applicable
transportation improvement grant or enhancement application. This monetary
contribution will be made to Frederick County prior to the issuance of an
occupancy permit associated with the development of the first Site Plan approved
for the Property.
File #4906 /EAW 4
Greenway Engineering
C.) Site Design Controls
1. Building Placement.
The Applicants hereby proffer to orient all occupied commercial structures along
Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Rt. 761) and to
prohibit parking spaces and travels aisles between all occupied commercial structure
frontages and adjoining public streets.
2. Plaza Area.
The Applicants hereby proffer to develop a plaza area that will be a minimum of
2,000 square feet and will be constructed adjacent to occupied commercial structures.
The plaza area will be constructed prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property. The
plaza area will be maintained by the commercial property owners.
3. Historic Information Kiosk.
The Applicants hereby proffer to develop a kiosk that will be located on the plaza
area, which will be constructed prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property and
utilized as an information center for historic features within the community and other
community information. The kiosk will be a minimum of eight feet in height with a
canopy cover and will provide for a message center that is a minimum of 24 square
feet in area. The Applicants will work with the Frederick County Historic Resources
Advisory Board (HRAB) in the development of historic information that will be
displayed in the kiosk. The kiosk area will be maintained by the commercial property
owners.
4. Building Height.
The Applicants hereby proffer to limit all structures to a maximum of thirty (30) feet
in height.
5. Construction Materials.
October 27, 2008
Revised March 5, 2009
Revised March 16,2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
Bishop -Amari Rezoning
The Applicants hereby proffer to utilize similar development themes and similar
construction materials on all walls and roofs for all occupied commercial structures.
The principal construction materials shall be limited to brick, stone, artificial stone,
simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional
shingles, or false roof systems.
File #4906 /EAW 5
Greenway Engineering
6. Rooflines.
7. Building Lighting.
8. Gasoline Fueling Islands.
9. Signage.
10. Buffers and Screening.
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
Bishop -Amari Rezoning
The Applicants hereby proffer that all occupied commercial structures shall be
designed with roof systems that are designed to screen mechanical equipment from
view of adjoining public streets.
The Applicants hereby proffer to restrict lighting along adjoining public streets to
building mounted lighting fixtures and ground lighting fixtures. Additionally, the
applicant further proffers to restrict pole mounted lighting fixtures within the parking
lot area to a maximum of twenty -five (25) feet in height and will design all pole
mounted lighting fixtures to be hooded to ensure that parking lot lighting is directed
downward.
The Applicants hereby proffer to restrict the placement of any gasoline fueling islands
and canopies so they are located behind occupied commercial structures.
Additionally, the Applicants proffer that the gasoline fueling island canopy will be at
a height lower than the roofline of the occupied commercial structures located along
Old Charles Town Road (Rt. 761) to mitigate viewshed impacts from the property
located on the south side of Old Charles Town Road.
The Applicants hereby proffer to limit the number of freestanding business signs to
one sign along each public street frontage. Additionally, the Applicants proffer to
limit the freestanding business signs to a maximum of 12 feet in height and a
maximum of 75 square feet.
The Applicants hereby proffer to provide landscape screening to mitigate the
viewshed between parking areas and public streets, and to enhance the public street
frontage of the Property. Landscape screening between parking areas and public
streets shall include deciduous trees that are a minimum 2 -inch caliper and evergreen
trees that are a minimum of four feet in height with the total number of plantings
based on three trees per ten linear foot of parking lot frontage. Landscaping between
occupied commercial structures and public streets shall include deciduous trees that
are a minimum 2 -inch caliper with the total number of plantings based on one tree per
40 linear feet of occupied commercial structural frontage. All landscaping shall be
File #4906 /EAW 6
Grcenway Engineering
Bishop -Amari Rezoning
1 1 Utility Easement
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
oriented not to impact required sight distance at the commercial entrances on public
streets. Additionally, the Applicants proffer to develop a landscape screen between
the inter parcel parking lot access drive and tax map parcel 44- ((A)) -42. This
landscape screen shall consist of a single row of evergreen trees that are a minimum
of four feet in height at planting and are planted on l0 -foot centers. It is recognized
that this landscape screen can be relocated to the west side of the inter parcel parking
lot access drive to accommodate a shared agreement with tax map parcel 44- ((A)) -42
as allowed in Section B(5) of the proffer statement.
The Applicants hereby proffer to provide a utility easement along the northern and
eastern boundary of the Property for the benefit of tax map parcel 44- ((A)) -42 and tax
map parcel 44- ((A)) -47. The utility easement shall provide for the adjoining
properties to connect to public utilities located on the Property. It is acknowledged
that the owners of tax map parcel 44- ((A)) -42 and /or 44- ((A)) -47 will be required to
restore the Property to its previous condition following disturbance activities
associated with the connection to public utilities located on the Property.
D.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers to provide a monetary contribution of $0.10 per square
foot of developed commercial structural area for County Fire and Rescue services. The
monetary contribution shall be made payable to Frederick County at the time of issuance
of the building permit for any commercial structural area developed on the Property.
File #4906 /EAW 7
Grccnway Engineering
E.) Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Sub r ted:
By:
CommonweaJth'of Virginia,
Frederica
By:
Ci
Cit
y /County
20(.. by
File #4906 /EAW
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
The foregoing instrument was acknowledged before me this 154 of
My Commission Expires Fee 2R, 20
Commonwealth of Virgi
Recterirce-
My Commission Expires Fe h. 2 9 r 2 -01 2
To Wit:
Bishop -Amari Rezoning
Date d7
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I�� Notary Public
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To Wit:
Date:
The foregoing instrument was acknowledged before me this 14 day of 01
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BISHOP AMARI PROPERTY
ROAD IMPROVEMENT EXHIBIT
Engineers, Surveyors
Environmental Services
Founded in 1971
GREENWAY ENGIIIEE9
151 Windy Hill Lane
Winchester, Virginia 22(
Telephone: (540) 662 -4
FAX: (540) 722-952
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BISHOP AMARI PROPERTY
RIGHT OF WAY DEDICATION EXHIBIT
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VA
Engineers,
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Founded
GREENWAY ENWWNEE
151 Windy Hill Lan.
Winchester, Vrginia 22
Telephone: (540) 662 -5
FAX: (540) 722 952
www.greenwayeng.co.
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Action:
PLANNING COMMISSION: May 20, 2009 Recommended Approval
BOARD OF SUPERVISORS: June 24, 2009 ii APPROVED DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02 -09 OF THE BISHOP-AMARI PROPERTY
WHEREAS, Rezoning 1402-09 of The Bishop -Amari Property', submitted by Greenway Engineering, to
rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for
Commercial Uses, was considered. The property is located in the'northeast quadrant of the intersection of
Martinsburg Pike (Route 11) and Old Charles Town Road (Route 761), in the Stonewall Magisterial
District and is identified by Property Identification Number 44 -A -43.
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 15, 200 and a
public meeting on May 20, 2009; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on June 24, 2009; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning,' is amended 10 rezone 2.77 acres from RA (Rural
Areas) District to 132 (General Business) District for Commercial Uses, subject to the attached
conditions voh.mtari ly proffered in writing by the applicant and the property owner.
PDRes 418-09
This ordinance shall be in effect on the date of adoption.
Passed this 24th day of June, 2009 by the following recorded vote:
Riehard.C. Shiekle, Chairman
Gary W. Dove
Gene E. Fisher
Philip A. Lemieux
PDRes. #18 -09
Aye
Aye
Aye
Aye
Gary A. Lofton
Bill M. Ewing
Charles S. DeHaven, Jr:.
A COPY ATTEST
Aye
John R. R le,
Frede4 County Administrator
Aye
Aye
Green way Engineering
REZONING:
PROPERTY:
RECORD OWNER
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
BISHOP -AMARI PROPERTY
PROFFER STATEMENT
RZ #02 -09
Rural Areas District (RA) to Business General District (B2)
2.77 acres±
Tax Parcel #44- ((A)) -43 (here -in after the "Property
Gregory A. Bishop and Thomas Amari (ABishop, LLC)
ABishop, LLC (here -in after the "Applicants
Bishop -Amari Property
October 27, 2008
June 2, 2009
Bishop -Amari Rezoning
JUN 1 0 2009
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicants hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #02 -09
for the rezoning of 2.77± -acres from the Rural Areas (RA) District to establish 2.77±
acres of B -2, Business General District, development of the subject property shall be
done in conformity with the terms and conditions set forth herein, except to the extent
that such terms and conditions may be subsequently amended or revised by the
Applicants and such be approved by the Frederick County Board of Supervisors in
accordance with the said Code and Zoning Ordinance. In the event that such rezoning is
not granted, then these proffers shall be deemed withdrawn and have no effect
whatsoever. These proffers shall be binding upon this Applicant and their legal
successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Gregory A. Bishop and
Thomas Amari, being all of Tax Map Parcel 44- ((A)) -43, and further described by
Boundary Survey Plat prepared by Marsh Legge Land Surveyors, P.L.C., dated May
24, 2006 (see attached Boundary Survey Plat), and by Decd recorded as Instrument
#080005787 in the Frederick County Clerk of Courts Office.
File #4906 /EA W
Greenway Engineering
A.) Land Use Restrictions
B.) Transportation Enhancements
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
PROFFER STATEMENT
B i sho p- A ni ari Rezoning
1. The Applicants hereby proffer to limit commercial structure development to a
maximum of 20,000 square feet within the Property consistent with the land use
mix assumed in the October 15, 2008 Traffic Impact Analysis (TIA) prepared by
Patton, Harris, Rust and Associates. The Applicants can deviate from this land
use mix assuming the total trip generation from site plans (based on the ITE 7'
Edition Trip Generation Report) within the Property do not exceed the total trip
generation specified in the October 15, 2008. It is recognized that gasoline
canopies and gasoline pumps are excluded from the 20,000 square feet total
identified in this section.
2. The Applicants hereby proffer to limit gasoline pumps to a maximum of 8 pumps
with two fueling positions each (maximum of 16 fueling positions) to ensure
consistency with the traffic impact analysis prepared for this rezoning application.
3. The Applicants hereby proffer to prohibit the following land uses within the
Property:
Communication Facilities
Truck Stops
Hotels and Motels
Organization Hotels and Lodging
Car Washes
Miscellaneous Repair Services
Motion Picture Theaters
Amusement and Recreation Services Operated Indoors
Golf Driving Ranges and Miniature Golf Courses
Adult Retail
SIC 48
SIC 5541
SIC 701
SIC 704
SIC 7542
SIC 76
SIC 7832
SIC 79
SIC 7999
No SIC Indicated
1. The Applicants hereby proffer to improve the Martinsburg Pike (Route 11 North)
corridor along the frontage of the Property to implement the future planned urban
four -lane divided typical section. This proffered improvement includes widening
of the existing northbound travel lane to include a second thru lane, a separate
continuous right -turn lane, curb and gutter, and sidewalk along the entire frontage
of the Property. The proffered improvements along the Martinsburg Pike
frontage of the Property are depicted on the attached Bishop -Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated June 2,
2009. The Applicants proffer to construct, or cause for the construction of this
File #4906/EAW 2
Greenway Engineering
October 27, 20(»
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
Bishop -Amari Rezoning
improvement prior to the issuance of an occupancy permit associated with the
development of the first Site Plan approved for the Property. The striping plan
indicated on this attached proffered exhibit shall be determined by VDOT during
review of the first Site Plan for the property to ensure safe and efficient traffic
movement on the Martinsburg Pike corridor.
2. The Applicants hereby proffer to restrict access to the Property along the
Martinsburg Pike frontage to one right -in and right -out entrance only. The right
in and right -out access shall be designed to prohibit left turn movements into the
Property, which shall require approval by VDOT and Frederick County. The
Applicants proffer to construct, or cause for the construction of this improvement
prior to the issuance of an occupancy permit associated with the development of
the first Site Plan approved for the Property. Additionally, the Applicants agree
to provide for left turn control measures on Martinsburg Pike at this entrance after
construction if VDOT determines that the installed right -in and right -out entrance
design does not adequately prohibit left turn movements into the Property.
3. The Applicants hereby proffer to improve Old Charles Town Road (Route 761)
along the frontage of the Property. This proffered improvement includes
widening of the existing westbound travel lane to include a second future left turn
lane, a separate continuous free flowing right turn lane, a raised concrete median
near the Martinsburg Pike intersection to separate the left turn lane and the free
flowing right turn lane, curb and gutter, and sidewalk along the entire frontage of
the Property. The proffered improvements along the Old Charles Town Road
frontage of the Property are depicted on the attached Bishop -Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated June 2,
2009. The Applicants proffer to construct, or cause for the construction of this
improvement prior to the issuance of an occupancy permit associated with the
development of the first Site Plan approved for the Property. The striping plan
indicated on this attached proffered exhibit shall be determined by VDOT during
review of the first Site Plan for the property to ensure safe and efficient traffic
movement on the Old Charles Town Road corridor.
4. The Applicants hereby proffer to prohibit direct access to Old Charles Town
Road (Route 761) from the Property and provide access from Old Charles Town
Road to the Property through the development of improvements on tax map
parcel 44- ((A)) -42, currently owned by Cutshaw Enterprises, LC. The Applicants
shall design and construct, or cause for the design and construction of a new
commercial entrance that intersects Old Charles Town Road that is of sufficient
width for separated left and right turn egress movement, a right turn and taper
lane on Old Charles Town Road, and an access drive that is constructed in
substantial conformity to the improvements depicted on the attached Bishop
Amari Property Road Improvement Exhibit prepared by Greenway Engineering,
dated June 2, 2009. Additionally, the Applicants proffer that no commercial
File #4906/EAW 3
Greenway Engineering
development activity will occur on the Property until a formal easement
agreement is executed between the Applicants and Cutshaw Enterprises, LC, or
their legal successors, heirs, or assigns.
5. The Applicants hereby proffer to provide for an inter parcel connection to tax
map parcel 44- ((A)) -47.
6. The Applicants hereby proffer to dedicate right -of -way to the Commonwealth of
Virginia on the Property sufficient to accommodate the transportation
improvements specified in Section B(1) and Section B(3) of this proffer
statement. Said right -of -way dedication shall be provided to the Commonwealth
of Virginia prior to the issuance of the VDOT Land Use Permit necessary to
construct these improvements. The proffered variable right -of -way dedication on
the Property is depicted on the attached Bishop -Amari Property Right Of Way
Dedication Exhibit prepared by Greenway Engineering, dated June 2, 2009.
7. The Applicants hereby proffer to provide a monetary contribution of $25,000.00
for site development on the Property that does not exceed 2,000 VPD based on
the ITE 7 Edition Trip Generation Report that may be applied towards right -of-
way acquisition, engineering, or construction costs to allow for the development
of improvements on the Martinsburg Pike (U.S. Route 11) corridor. This
monetary contribution shall be increased to a total of $50,000.00 for site
development on the Property that exceeds 2,000 VPD based on the 1TE 7`
Edition Trip Generation Report. This monetary contribution may be utilized
unconditionally by Frederick County to fund transportation improvements on the
Martinsburg Pike corridor, which may include the Hopewell /Brucetown
intersection and may be used as local match funding for any applicable
transportation improvement grant or enhancement application. This monetary
contribution will be made to Frederick County prior to the issuance of an
occupancy permit associated with the development of the first Site Plan approved
for the Property.
C.) Site Design Controls
1. Building Placement.
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
Bishop -Amari Rezoning
The Applicants hereby proffer to orient all occupied commercial structures along
Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Rt. 761) and to
prohibit parking spaces and travels aisles between all occupied commercial structure
frontages and adjoining public streets.
File #4906 /EAW 4
Grcenway Engineering
2. Plaza Area.
The Applicants hereby proffer to develop a plaza area that will be a minimum of
2,000 square feet and will be constructed adjacent to occupied commercial structures.
The plaza area will be constructed prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property. The
plaza area will be maintained by the commercial property owners.
3. Historic Information Kiosk.
The Applicants hereby proffer to develop a kiosk that will be located on the plaza
area, which will be constructed prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property and
utilized as an information center for historic features within the community and other
community information. The kiosk will be a minimum of eight feet in height with a
canopy cover and will provide for a message center that is a minimum of 24 square
feet in area. The Applicants will work with the Frederick County Historic Resources
Advisory Board (HRAB) in the development of historic information that will be
displayed in the kiosk. The kiosk area will be maintained by the commercial property
owners.
4. Building Height.
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
The Applicants hereby proffer to limit all structures to a maximum of thirty (30) feet
in height.
5. Construction Materials.
Bishop -Amari Rezoning
The Applicants hereby proffer to utilize similar development themes and similar
construction materials on all walls and roofs for all occupied commercial structures.
The principal construction materials shall be limited to brick, stone, artificial stone,
simulated stucco, cementous siding, wood. glass, standing seam metal, dimensional
shingles, or false roof systems.
6. Rooflines.
The Applicants hereby proffer that all occupied commercial structures shall be
designed with roof systems that are designed to screen mechanical equipment from
view of adjoining public streets.
7. Building Lighting.
The Applicants hereby proffer to restrict lighting along adjoining public streets to
building mounted lighting fixtures and ground lighting fixtures. Additionally, the
File #4906 /EA W 5
Grecnway Engineering
8. Gasoline Fueling Islands.
9. Signage.
10. Buffers and Screening.
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
Bishop -Amari Rezoning
applicant further proffers to restrict pole mounted lighting fixtures within the parking
lot area to a maximum of twenty -five (25) feet in height and will design all pole
mounted lighting fixtures to be hooded to ensure that parking lot lighting is directed
downward.
The Applicants hereby proffer to restrict the placement of any gasoline fueling islands
and canopies so they are located behind occupied commercial structures.
Additionally, the Applicants proffer that the gasoline fueling island canopy will be at
a height lower than the roofline of the occupied commercial structures located along
Old Charles Town Road (Rt. 761) to mitigate viewshed impacts from the property
located on the south side of Old Charles Town Road.
The Applicants hereby proffer to limit the number of freestanding business signs to
one sign along each public street frontage. Additionally, the Applicants proffer to
limit the freestanding business signs to a maximum of 12 feet in height and a
maximum of 75 square feet.
The Applicants hereby proffer to provide landscape screening to mitigate the
viewshed between parking areas and public streets, and to enhance the public street
frontage of the Property. Landscape screening between parking areas and public
streets shall include deciduous trees that are a minimum 2 -inch caliper and evergreen
trees that are a minimum of four feet in height with the total number of plantings
based on three trees per ten linear foot of parking lot frontage. Landscaping between
occupied commercial structures and public streets shall include deciduous trees that
are a minimum 2 -inch caliper with the total number of plantings based on one tree per
40 linear feet of occupied commercial structural frontage. All landscaping shall be
oriented not to impact required sight distance at the commercial entrances on public
streets. Additionally, the Applicants proffer to develop a landscape screen between
the inter parcel parking lot access drive and tax map parcel 44- ((A)) -42. This
landscape screen shall consist of a single row of evergreen trees that are a minimum
of four feet in height at planting and are planted on 10 -foot centers. It is recognized
that this landscape screen can be relocated to the west side of the inter parcel parking
lot access drive to accommodate a shared agreement with tax map parcel 44- ((A)) -42
as allowed in Section B(5) of the proffer statement.
File #4906 /EAw 6
Green way Engineering
1 1. Utility Easement
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
B ishop -Amari Rezoning
The Applicants hereby proffer to provide a utility easement along the northern and
eastern boundary of the Property for the benefit of tax map parcel 44- ((A)) -42 and tax
map parcel 44- ((A)) -47. The utility easement shall provide for the adjoining
properties to connect to public utilities located on the Property. It is acknowledged
that the owners of tax map parcel 44- ((A)) -42 and/or 44- ((A)) -47 will be required to
restore the Property to its previous condition following disturbance activities
associated with the connection to public utilities located on the Property.
D.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers to provide a monetary contribution of $0.10 per square
foot of developed commercial structural area for County Fire and Rescue services. The
monetary contribution shall be made payable to Frederick County at the time of issuance
of the building permit for any commercial structural area developed on the Property.
File #4906 /EA W 7
Greenway Engineering
E.) Signatures
Respectfully Submitted:
B y:
Commonwealth of Virginia,
Cit, /County r Flee VACtL
B
Commom h f)rj ima,
Cit
200cl by v'e
File #4906 /EAW
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
2O b "Thomas Arnaud Presides
My Commission Expires FCG. ZM,ZO
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p A f3kko,• mcur1ac
My Commission Expires Q b. Zq, LOi L.
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To Wit:
_Ex ire:- To Wit:
Date:
The foregoing instrument was acknowledged before me thisS)6 day of s iO
e
Bishop -Amari Rezoning
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
%cs' Date: /0l
o i .•astti 10 4.0
The foregoing instrument was acknowledged before me thisl day of du l 0:
sv j
ti ri
ita
Notary Public
Notary Public
GREENWAY ENGINEERING, me.
I I 151 Windy hill laic
tvhrCBc;�irt �4rginia 12602
une 4. 2009
Cutshaw Enterprises, LC
Attn: Randall Cutshaw
P.O. Box 805
Morganton, NC 28680
RE: Bishop /Amari Property Commercial Entrance and Access Drive
Dear Randall:
1 appreciate your willingness to continue to discuss the information pertaining to the
Bishop /Amari Property commercial rezoning application prepared by our firm. As you know,
Greg Bishop and Torn Amari own a 2.7 -acre parcel (tax parcel 44- ((A)) -43) at the intersection of
Martinsburg Pike and Old Charles Town Road, which adjoins the Cutshaw Enterprises, LC parcel
(tax parcel 44 -A -42) along your western properly boundary. The owners are interested in
working with Cutshaw Enterprises, LC to establish a shared commercial entrance and access
drive that will serve both properties from Old Charles Town Road (Route 761).
The purpose of this letter is to request a confirmation signature from the Cutshaw Enterprises, LC
Group indicating that you are in agreement to allow the BishoplAmari Property commercial
rezoning application to incorporate information into the project proffer statement for the purpose
of establishing a new commercial entrance and access drive consistent with the information
depicted on the Bishop -Amari Property Road Improvement Exhibit dated June 2, 2009, which is
attached for your information. The owners of the BishoplAmari Property recognize that they will
be responsible for the design and construction costs associated with this improvement. as well as
costs associated with preparing the easement agreement that will provide all applicable terms for
construction, ingress /egress, and maintenance of this improvement. Additionally, the owners of
the BishoplAmari Property recognize that the construction of the new commercial entrance and
access drive located on the Cutshaw Enterprises_ LC parcel cannot occur until both parties have
executed the easement agreement,
On behalf of the owners of the Bishop /Amari properly, I would like to thank you for working
with us on this development proposal. I have provided signature lines on the second page of this
document for all members of the Cutshaw Enterprises, LC to confirm the accuracy of the
information in this letter. Please contact me if you have any questions, or when the signed letter is
available and we will make arrangements to pick it up.
Sincerely,
Evan Wy itt, AICP
Greenwav Engineering
Project 4t490E
Engineers Sunernrs Planners Emd ron mentai Scieauv
elephone 540 -662 -4155 PAX 540 722-9528
lAWN
The Cutshaw Enterprises, LC signatures on this page confirm that the information in this letter is
acceptable.
l
YcdoY.Cu\s`mw
d,
e^`/^'"~^/
Ida Aileen Whittaker Cuohuv/
ILA
Alan W. Cutshiw
1 eiJfricari
Randall S. Cutshaw
Pmject #51906
Dianna u1zhum
Grecnway Engineering
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
BISHOP -AMARI PROPERTY
PROFFER STATEMENT
Bishop -Amari Rezoning
REZONING: RZ #02 -09
Rural Areas District (RA) to Business General District (B2)
PROPERTY: 2.77 acres±
Tax Parcel #44 ((A)) -43 (here -in after the "Property
RECORD OWNER: Gregory A. Bishop and Thomas Amari (ABishop, LLC)
APPLICANT: Gregory A. Bishop and Thomas Amari ABishop, LLC (here -in
after the "Applicants
PROJECT NAME: Bishop -Amari Property
ORIGINAL DATE
OF PROFFERS: October 27, 2008
REVISION DATE: April 16, 2009 June 2, 2009
Preliminary Matters
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicants hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #02 -09
for the rezoning of 2.77± -acres from the Rural Areas (RA) District to establish 2.77±
acres of B -2, Business General District, development of the subject property shall be
done in conformity with the terms and conditions set forth herein, except to the extent
that such terms and conditions may be subsequently amended or revised by the
Applicants and such be approved by the Frederick County Board of Supervisors in
accordance with the said Code and Zoning Ordinance. In the event that such rezoning is
not granted, then these proffers shall be deemed withdrawn and have no effect
whatsoever. These proffers shall be binding upon this Applicant and their legal
successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Gregory A. Bishop and
Thomas Amari, being all of Tax Map Parcel 44- ((A)) -43, and further described by
Boundary Survey Plat prepared by Marsh Legge Land Surveyors, P.L.C., dated May
24, 2006 (see attached Boundary Survey Plat), and by Deed recorded as Instrument
#080005787 in the Frederick County Clerk of Courts Office.
File #4906/EAW
Grcenway Engineering
A.) Land Use Restrictions
B.) Transportation Enhancements
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
PROFFER STATEMENT
Communication Facilities
Truck Stops
Hotels and Motels
Organization Hotels and Lodging
Car Washes
Miscellaneous Repair Services
Motion Picture Theaters
Amusement and Recreation Services Operated Indoors
Golf Driving Ranges and Miniature Golf Courses
Adult Retail
SIC 48
SIC 5541
SIC 701
SIC 704
SIC 7542
SIC 76
SIC 7832
SIC 79
SIC 7999
No SIC Indicated
Bishop -Amari Rezoning
1. The Applicants hereby proffer to limit commercial structure development to a
maximum of 20,000 square feet within the Property consistent with the land use
mix assumed in the October 15, 2008 Traffic Impact Analysis (TIA) prepared by
Patton, Harris, Rust and Associates. The Applicants can deviate from this land
use mix assuming the total trip generation from site plans (based on the ITE 7
Edition Trip Generation Report) within the Property do not exceed the total trip
generation specified in the October 15, 2008. It is recognized that gasoline
canopies and gasoline pumps are excluded from the 20,000 square feet total
identified in this section.
2. The Applicants hereby proffer to limit
the maximum 20,000 square feet identified in Section A(1) of the proffer
gasoline pumps to a maximum of 8 pumps with two
fueling positions each (maximum of 16 fueling positions) to ensure consistency
with the traffic impact analysis prepared for this rezoning application.
,111
3. The Applicants hereby proffer to prohibit the following land uses within the
Property:
1. The Applicants hereby proffer to improve the Martinsburg Pike (Route 11 North)
corridor along the frontage of the Property to implement the future planned urban
four -lane divided typical section. This proffered improvement includes widening
of the existing northbound travel lane to include a second thru lane, a separate
continuous right -tum lane, curb and gutter, and sidewalk along the entire frontage
of the Property. The proffered improvements along the Martinsburg Pike
frontage of the Property are depicted on the attached Bishop -Amari Property
File #4906 /EAW 2
Greenway Engineering
File #4906 /EAW
October 27, 2008
Revised March 5.2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
Bishop -Amari Rezoning
Road Improvement Exhibit prepared by Greenway Engineering, dated April 16,
2009 June 2, 2009. The Applicants proffer to construct, or cause for the
construction of this improvement prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property.
The striping plan indicated on this attached proffered exhibit shall be determined
by VDOT during review of the first Site Plan for the property to ensure safe and
efficient traffic movement on the Martinsburg Pike corridor.
2. The Applicants hereby proffer to restrict access to the Property along the
Martinsburg Pike frontage to one right -in and right -out entrance only. The right
in and right -out access shall be designed to prohibit left turn movements into the
Property, which shall require approval by VDOT and Frederick County. The
Applicants proffer to construct, or cause for the construction of this improvement
prior to the issuance of an occupancy permit associated with the development of
the first Site Plan approved for the Property. Additionally, the Applicants agree
to provide for left turn control measures on Martinsburg Pike at this entrance after
construction if VDOT determines that the installed right -in and right -out entrance
design does not adequately prohibit left turn movements into the Property.
3. The Applicants hereby proffer to improve Old Charles Town Road (Route 761)
along the frontage of the Property. This proffered improvement includes
widening of the existing westbound travel lane to include a second future left turn
lane, a separate continuous free flowing right turn lane, a raised concrete median
near the Martinsburg Pike intersection to separate the left turn lane and the free
flowing right turn lane, curb and gutter, and sidewalk along the entire frontage of
the Property. The proffered improvements along the Old Charles Town Road
frontage of the Property are depicted on the attached Bishop -Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated April 16,
2009 June 2, 2009. The Applicants proffer to construct, or cause for the
construction of this improvement prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property.
The striping plan indicated on this attached proffered exhibit shall be determined
by VDOT during review of the first Site Plan for the property to ensure safe and
efficient traffic movement on the Old Charles Town Road corridor.
4. The Applicants hereby proffer to limit the number of entrances to the Pr perty
lanes exiting the Property. prohibit direct access to Old Charles Town Road
(Route 761) from the Property and provide access from Old Charles Town
Road to the Property through the development of improvements on tax map
parcel 44- ((A)) -42, currently owned by Cutshaw Enterprises, LC. The
Applicants shall design and construct, or cause for the design and construction
of a new commercial entrance that intersects Old Charles Town Road that is of
3
Greenway Engineering
File #4906/EAW
October 27. 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
B ishop -Amari Rezoning
sufficient width for separated left and right turn egress movement, a right turn
and taper lane on Old Charles Town Road, and an access drive that is
constructed in substantial conformity to the improvements depicted on the
attached Bishop -Amari Property Road Improvement Exhibit prepared by
Greenway Engineering, dated June 2, 2009. Additionally, the Applicants
proffer that no commercial development activity will occur on the Property
until a formal easement agreement is executed between the Applicants and
Cutshaw Enterprises, LC, or their legal successors, heirs, or assigns.
5. The Applicants hereby proffer to provide for an inter parcel connection to
parking lot access drive located -a minimum of 25 feet from the eastern Property
tax map parcel 44-
((A))-47. The Applicants proffer to construct, or cause for the construction of this
improvement prior to the issuance of an occupancy permit associated with the
Additionally, the
document all wing reciprocal ingress /egress to Old Charles Town Road (Route
allow for a shared agreement between the Property and tax parcel 11 ((A)) 12
M ((A)) 12 is not entitled to establish a connection to the inter parcel parking lot
6. The Applicants hereby proffer to dedicate right -of -way to the Commonwealth of
Virginia on the Property sufficient to accommodate the transportation
improvements specified in Section B(1) and Section B(3) of this proffer
statement. Said right -of -way dedication shall be provided to the Commonwealth
of Virginia prior to the issuance of the VDOT Land Use Permit necessary to
construct these improvements. The proffered variable right of-way dedication on
the Property is depicted on the attached Bishop -Amari Property Right Of Way
Dedication Exhibit prepared by Greenway Engineering, dated April 16, 2009
June 2, 2009.
7. The Applicants hereby proffer to provide a monetary contribution of 10,000.00
$25,000.00 for site development on the Property that does not exceed 2,000
VPD based on the ITE 7` Edition Trip Generation Report that may be applied
towards right -of -way acquisition, engineering, or construction costs to allow for
the development of improvements intersection improvements at on the
4
Greenway Engineering
Martinsburg Pike (U.S. Route 11) corridor. with Hopewell Road (Route 672) and
Brucet wn.Road (Route 67 This monetary contribution shall be increased to a
total of X99(4499 $50,000.00 for site development on the Property that exceeds
2,000 VPD based on the ITE 7 Edition Trip Generation Report. if a
This monetary
contribution may be utilized unconditionally by Frederick County to fund
transportation improvements on the Martinsburg Pike corridor, which may
include the Hopewell/Brucetown intersection and may be used as local match
funding for any applicable transportation improvement grant or enhancement
application. This monetary contribution will be made to Frederick County prior
to the issuance of an occupancy permit associated with the development of the
first Site Plan approved for the Property.
C.) Site Design Controls
1. Building Placement.
October 27, 2008
Revised March 5. 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
Bishop -Ainari Rezoning
The Applicants hereby proffer to orient all occupied commercial structures along
Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Rt. 761) and to
prohibit parking spaces and travels aisles between all occupied commercial structure
frontages and adjoining public streets.
2. Plaza Area.
The Applicants hereby proffer to develop a plaza area that will be a minimum of
2,000 square feet and will be constructed adjacent to occupied commercial structures.
The plaza area will be constructed prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property. The
plaza area will be maintained by the commercial property owners.
3. Historic Information Kiosk.
The Applicants hereby proffer to develop a kiosk that will be located on the plaza
area, which will be constructed prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property and
utilized as an information center for historic features within the community and other
community information. The kiosk will be a minimum of eight feet in height with a
canopy cover and will provide for a message center that is a minimum of 24 square
feet in area. The Applicants will work with the Frederick County Historic Resources
File #4906 /EAW 5
Greenway Engineering
Advisory Board (HRAB) in the development of historic information that will be
displayed in the kiosk. The kiosk area will be maintained by the commercial property
owners.
4. Building Height.
The Applicants hereby proffer to limit all structures to a maximum of thirty (30) feet
in height.
5. Construction Materials.
The Applicants hereby proffer to utilize similar development themes and similar
construction materials on all walls and roofs for all occupied commercial structures.
The principal construction materials shall be limited to brick, stone, artificial stone,
simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional
shingles, or false roof systems.
6. Rooflines.
The Applicants hereby proffer that all occupied commercial structures shall be
designed with roof systems that are designed to screen mechanical equipment from
view of adjoining public streets.
7. Building Lighting.
The Applicants hereby proffer to restrict lighting along adjoining public streets to
building mounted lighting fixtures and ground lighting fixtures. Additionally, the
applicant further proffers to restrict pole mounted lighting fixtures within the parking
lot area to a maximum of twenty -five (25) feet in height and will design all pole
mounted lighting fixtures to be hooded to ensure that parking lot lighting is directed
downward.
8. Gasoline Fueling Islands.
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
Bishop -Amari Rezoning
The Applicants hereby proffer to restrict the placement of any gasoline fueling islands
and canopies so they are located behind occupied commercial structures.
Additionally, the Applicants proffer that the gasoline fueling island canopy will be at
a height lower than the roofline of the occupied commercial structures located along
Old Charles Town Road (Rt. 761) to mitigate viewshed impacts from the property
located on the south side of Old Charles Town Road.
File #4906 /EAW 6
Greenway Engineering
9. Signage.
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
Bishop -Amari Rezoning
The Applicants hereby proffer to limit the number of freestanding business signs to
one sign along each public street frontage. Additionally, the Applicants proffer to
limit the freestanding business signs to a maximum of 12 feet in height and a
maximum of 75 square feet.
10. Buffers and Screening.
The Applicants hereby proffer to provide landscape screening to mitigate the
viewshed between parking areas and public streets, and to enhance the public street
frontage of the Property. Landscape screening between parking areas and public
streets shall include deciduous trees that are a minimum 2 -inch caliper and evergreen
trees that are a minimum of four feet in height with the total number of plantings
based on three trees per ten linear foot of parking lot frontage. Landscaping between
occupied commercial structures and public streets shall include deciduous trees that
are a minimum 2 -inch caliper with the total number of plantings based on one tree per
40 linear feet of occupied commercial structural frontage. All landscaping shall be
oriented not to impact required sight distance at the commercial entrances on public
streets. Additionally, the Applicants proffer to develop a landscape screen between
the inter parcel parking lot access drive and tax map parcel 44- ((A)) -42. This
landscape screen shall consist of a single row of evergreen trees that are a minimum
of four feet in height at planting and are planted on 10 -foot centers. It is recognized
that this landscape screen can be relocated to the west side of the inter parcel parking
lot access drive to accommodate a shared agreement with tax map parcel 44- ((A)) -42
as allowed in Section B(5) of the proffer statement.
11. Utility Easement
The Applicants hereby proffer to provide a utility easement along the northern and
eastern boundary of the Property for the benefit of tax map parcel 44- ((A)) -42 and
tax nzap parcel 44- ((A)) -47. The utility easement shall provide for the adjoining
properties to connect to public utilities located on the Property. It is acknowledged
that the owners of tax map parcel 44- ((A)) -42 and /or 44- ((A)) -47 will be required to
restore the Property to its previous condition following disturbance activities
associated with the connection to public utilities located on the Property.
D.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers to provide a monetary contribution of $0.10 per square
foot of developed commercial structural area for County Fire and Rescue services. The
monetary contribution shall be made payable to Frederick County at the time of issuance
of the building permit for any commercial structural area developed on the Property.
File #4906 /EAW 7
Greenway Engineering
E.) Signatures
Respectfully Submitted:
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
June 2, 2009
My Commission Expires
My Commission Expires
Bishop -Amari Rezoning
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
By: Date:
Commonwealth of Virginia,
City /County of To Wit:
The foregoing instrument was acknowledged before me this day of
20 by
Notary Public
By: Date:
Commonwealth of Virginia,
City /County of To Wit:
The foregoing instrument was acknowledged before me this day of
20 by
Notary Public
File #4906 /EAW 8
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BISHOP AMARI PROPERTY
ROAD IMPROVEMENT EXHIBIT
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VA
Engineers, Surveyors
Environmental Services
Founded in 1971
GREENWAY ENGINEERINI
151 Windy Hill Lane
Winchester, Virginia 22602
Telephone: (540) 662 -4185
FAX: (540) 722 -9528
www.greenwayeng.com
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GREENWAY ENGINEERING, it
RIGHT OF WAY DEDICATION EXHIBIT
151 Windy Hill Lane
Winchester, Virginia 22602
Engineers, Surveyors
Telephone: (540) 662 -4185
STONEWALL MAGISTERIAL DISTRICT
En Services
Foo ded in n l 1971
FAX: 540 722 9528
FREDERICK COUNTY, VA
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October 27, 2008
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BISHOP -AMARI PROPERTY
PROFFER STATEMENT
Bishop -Amari Rezoning
REZONING: RZ #02 -09
Rural Areas District (RA) to Business General District (B2)
PROPERTY: 2.77 acres±
Tax Parcel #44- ((A)) -43 (here -in after the "Property
RECORD OWNER: Gregory A. Bishop and Thomas Amari
APPLICANT: Gregory A. Bishop and Thomas Amari (here -in after the
"Applicants
PROJECT NAME: Bishop -Amari Property
ORIGINAL DATE
OF PROFFERS: October 27, 2008
REVISION DATE: April 16, 2009
Preliminary Matters
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicants hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #02 -09
for the rezoning of 2.77± -acres from the Rural Areas (RA) District to establish 2.77±
acres of B -2, Business General District, development of the subject property shall be
done in conformity with the terms and conditions set forth herein, except to the extent
that such terms and conditions may be subsequently amended or revised by the
Applicants and such be approved by the Frederick County Board of Supervisors in
accordance with the said Code and Zoning Ordinance. In the event that such rezoning is
not granted, then these proffers shall be deemed withdrawn and have no effect
whatsoever. These proffers shall be binding upon this Applicant and their legal
successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Gregory A. Bishop and
Thomas Amari, being all of Tax Map Parcel 44-((AD-43, and further described by
Boundary Survey Plat prepared by Marsh Legge Land Surveyors, P.L.C., dated May
24, 2006 (see attached Boundary Survey Plat), and by Deed recorded as Instrument
#080005787 in the Frederick County Clerk of Courts Office.
File #4906 /EAW
Greenway Engineering
A.) Land Use Restrictions
1. The Applicants hereby proffer to limit commercial structure development to a
maximum of 20,000 square feet within the Property. It is recognized that gasoline
canopies and gasoline pumps are excluded from the 20,000 square feet total
identified in this section.
2. The Applicants hereby proffer to limit restaurant land use to 5,000 square feet of
the maximum 20,000 square feet identified in Section A(1) of the proffer
statement, and to limit gasoline pumps to a maximum of 8 pumps with two
fueling positions each (maximum of 16 fueling positions) to ensure consistency
with the traffic impact analysis prepared for this rezoning application.
3. The Applicants hereby proffer to prohibit the following land uses within the
Property:
Communication Facilities
Truck Stops
Hotels and Motels
Organization Hotels and Lodging
Car Washes
Miscellaneous Repair Services
Motion Picture Theaters
Amusement and Recreation Services Operated Indoors
Golf Driving Ranges and Miniature Golf Courses
Adult Retail
B.) Transportation Enhancements
October 27, 2008
Revised March 5. 2009
Revised March 16, 2009
Revised April 16, 2009
PROFFER STATEMENT
SIC 48
SIC 5541
SIC 701
SIC 704
SIC 7542
SIC 76
SIC 7832
SIC 79
SIC 7999
No SIC Indicated
Bishop -Amari Rezoning
1. The Applicants hereby proffer to improve the Martinsburg Pike (Route 11 North)
corridor along the frontage of the Property to implement the future planned urban
four -lane divided typical section. This proffered improvement includes widening
of the existing northbound travel lane to include a second thru lane, a separate
continuous right -turn lane, curb and gutter, and sidewalk along the entire frontage
of the Property. The proffered improvements along the Martinsburg Pike
frontage of the Property are depicted on the attached Bishop -Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated April 16,
2009. The Applicants proffer to construct, or cause for the construction of this
improvement prior to the issuance of an occupancy permit associated with the
development of the first Site Plan approved for the Property. The striping plan
indicated on this attached proffered exhibit shall be determined by VDOT during
review of the first Site Plan for the property to ensure safe and efficient traffic
movement on the Martinsburg Pike corridor.
File #4906/EAW 2
Greenway Engineering
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Bishop -Amari Rezoning
2. The Applicants hereby proffer to restrict access to the Property along the
Martinsburg Pike frontage to one right -in and right -out entrance only. The right
in and right -out access shall be designed to prohibit left turn movements into the
Property, which shall require approval by VDOT and Frederick County. The
Applicants proffer to construct, or cause for the construction of this improvement
prior to the issuance of an occupancy permit associated with the development of
the first Site Plan approved for the Property. Additionally, the Applicants agree
to provide for left turn control measures on Martinsburg Pike at this entrance after
construction if VDOT determines that the installed right -in and right -out entrance
design does not adequately prohibit left turn movements into the Property.
3. The Applicants hereby proffer to improve Old Charles Town Road (Route 761)
along the frontage of the Property. This proffered improvement includes
widening of the existing westbound travel lane to include a second future left turn
lane, a separate continuous free flowing right turn lane, a raised concrete median
near the Martinsburg Pike intersection to separate the left turn lane and the free
flowing right turn lane, curb and gutter, and sidewalk along the entire frontage of
the Property. The proffered improvements along the Old Charles Town Road
frontage of the Property are depicted on the attached Bishop -Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated April 16,
2009. The Applicants proffer to construct, or cause for the construction of this
improvement prior to the issuance of an occupancy permit associated with the
development of the first Site Plan approved for the Property. The striping plan
indicated on this attached proffered exhibit shall be determined by VDOT during
review of the first Site Plan for the property to ensure safe and efficient traffic
movement on the Old Charles Town Road corridor.
4. The Applicants hereby proffer to limit the number of entrances to the Property
that intersect Old Charlestown Road (Route 761) to provide for one full
commercial entrance that is designed to provide for separated left and right turn
lanes exiting the Property.
5. The Applicants hereby proffer to provide for an inter parcel parking lot access
drive located a minimum of 25 feet from the eastern Property line to allow for
access to tax map parcel 44- ((A)) -42 and tax map parcel 44- ((A)) -47. The
Applicants proffer to construct, or cause for the construction of this improvement
prior to the issuance of an occupancy permit associated with the development of
the first Site Plan approved for the Property. Additionally, the Applicants will
provide the County with a copy of the recorded deed of easement document
allowing reciprocal ingress /egress to Old Charles Town Road (Route 761) for
these properties, as well as the maintenance agreement for the inter parcel lot
access drive as a condition of final Site Plan approval. It is recognized that the
location of this inter- parcel parking lot access drive can be relocated to allow for
a shared agreement between the Property and tax parcel 44- ((A)) -42 without the
File #4906/EAW
Greenway Engineering
need for conditional zoning approval, provided that the relocation provides for
inter- parcel access to tax parcel 44- ((A)) -47 along with ingress /egress documents
determined to be acceptable to Frederick County. Furthermore, it is recognized
that Frederick County can determine that tax parcel 44- ((A)) -42 is not entitled to
establish a connection to the inter parcel parking lot access drive if a Site Plan is
submitted for that parcel that proposes a land use whose traffic generation is
determined to be incompatible with the Property.
6. The Applicants hereby proffer to dedicate right -of -way to the Commonwealth of
Virginia on the Property sufficient to accommodate the transportation
improvements specified in Section B(1) and Section B(3) of this proffer
statement. Said right -of -way dedication shall be provided to the Commonwealth
of Virginia prior to the issuance of the VDOT Land Use Permit necessary to
construct these improvements. The proffered variable right -of -way dedication on
the Property is depicted on the attached Bishop -Amari Property Right Of Way
Dedication Exhibit prepared by Greenway Engineering, dated April 16, 2009.
7. The Applicants hereby proffer to provide a monetary contribution of $10,000.00
that may be applied towards right -of -way acquisition, engineering, or
construction costs to allow for the development of intersection improvements at
Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route
672). This monetary contribution shall be increased to a total of $25,000.00 if a
convenience mart with gas pumps is developed on the Property. This monetary
contribution will be made to Frederick County prior to the issuance of an
occupancy permit associated with the development of the first Site Plan approved
for the Property and may be utilized by Frederick County as local match funding
for any applicable transportation improvement or enhancement application
associated with the development of intersection improvements at Martinsburg
Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672).
C.) Site Design Controls
1. Building Placement.
The Applicants hereby proffer to orient all occupied commercial structures along
Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Rt. 761) and to
prohibit parking spaces and travels aisles between all occupied commercial structure
frontages and adjoining public streets.
2. Plaza Area.
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Bishop -Amari Rezoning
The Applicants hereby proffer to develop a plaza area that will be a minimum of
2,000 square feet and will be constructed adjacent to occupied commercial structures.
The plaza area will be constructed prior to the issuance of an occupancy permit
Fi #4906 /EA W 4
Greenway Engineering
4. Building Height.
5. Construction Materials.
6. Rooflines.
7. Building Lighting.
associated with the development of the first Site Plan approved for the Property. The
plaza area will be maintained by the commercial property owners.
3. Historic Information Kiosk.
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Bishop -Amari Rezonine
The Applicants hereby proffer to develop a kiosk that will be located on the plaza
area, which will be constructed prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property and
utilized as an information center for historic features within the community and other
community information. The kiosk will be a minimum of eight feet in height with a
canopy cover and will provide for a message center that is a minimum of 24 square
feet in area. The Applicants will work with the Frederick County Historic Resources
Advisory Board (HRAB) in the development of historic information that will be
displayed in the kiosk. The kiosk area will be maintained by the commercial property
owners.
The Applicants hereby proffer to limit all structures to a maximum of thirty (30) feet
in height.
The Applicants hereby proffer to utilize similar development themes and similar
construction materials on all walls and roofs for all occupied commercial structures.
The principal construction materials shall be limited to brick, stone, artificial stone,
simulated stucco, cementous siding, wood, glass. standing seam metal, dimensional
shingles, or false roof systems.
The Applicants hereby proffer that all occupied commercial structures shall be
designed with roof systems that are designed to screen mechanical equipment from
view of adjoining public streets.
The Applicants hereby proffer to restrict lighting along adjoining public streets to
building mounted lighting fixtures and ground lighting fixtures. Additionally, the
applicant further proffers to restrict pole mounted lighting fixtures within the parking
lot area to a maximum of twenty -five (25) feet in height and will design all pole
mounted lighting fixtures to be hooded to ensure that parking lot lighting is directed
downward.
File #4906 /EAW 5
Greenway Engineering
8. Gasoline Fueling Islands.
The Applicants hereby proffer to restrict the placement of any gasoline fueling islands
and canopies so they are located behind occupied commercial structures.
Additionally, the Applicants proffer that the gasoline fueling island canopy will be at
a height lower than the roofline of the occupied commercial structures located along
Old Charles Town Road (Rt. 761) to mitigate viewshed impacts from the property
located on the south side of Old Charles Town Road.
9. Signage.
The Applicants hereby proffer to limit the number of freestanding business signs to
one sign along each public street frontage. Additionally, the Applicants proffer to
limit the freestanding business signs to a maximum of 12 feet in height and a
maximum of 75 square feet.
10. Buffers and Screening.
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
D.) Monetary Contribution to Offset Impact of Development
Bishop -Amari Rezoning
The Applicants hereby proffer to provide landscape screening to mitigate the
viewshed between parking areas and public streets, and to enhance the public street
frontage of the Property. Landscape screening between parking areas and public
streets shall include deciduous trees that are a minimum 2 -inch caliper and evergreen
trees that are a minimum of four feet in height with the total number of plantings
based on three trees per ten linear foot of parking lot frontage. Landscaping between
occupied commercial structures and public streets shall include deciduous trees that
are a minimum 2 -inch caliper with the total number of plantings based on one tree per
40 linear feet of occupied commercial structural frontage. All landscaping shall be
oriented not to impact required sight distance at the commercial entrances on public
streets. Additionally, the Applicants proffer to develop a landscape screen between
the inter- parcel parking lot access drive and tax map parcel 44- ((A)) -42. This
landscape screen shall consist of a single row of evergreen trees that are a minimum
of four feet in height at planting and are planted on 10 -foot centers. It is recognized
that this landscape screen can be relocated to the west side of the inter parcel parking
lot access drive to accommodate a shared agreement with tax map parcel 44- ((A)) -42
as allowed in Section B(5) of the proffer statement.
The Applicant hereby proffers to provide a monetary contribution of $0.10 per square
foot of developed commercial structural area for County Fire and Rescue services. The
monetary contribution shall be made payable to Frederick County at the time of issuance
of the building permit for any commercial structural area developed on the Property.
File #4906 /EAW 6
Greenway Engineering
E.) Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
By:
By:
C
i dO o
o •Y a. O E
The foregoing instrument was acknowledged before me this day of Apri \x
Commonwealth of Virginia,
200_1 by
File #4906/EAW
Eve (j2Vl c,V
200q by "n n0 A Ma-v- I
My Commission Expires Feb. Zq, 201 2_
�ish2 ion gblo(
Commonw Virginia, o t z tr,
Ci /County f freclZriGE
The foregoing instrument
a
October 27, 2008
Revised March 5. 2009
Revised March 16, 2009
Revised April 16, 2009
My Commission Expires Felo Z012.
PaI5*afieri aq,10(2
To Wit:
To Wit:
Date:
Notary Public
Date:
Bishop -Amari Rezoning
Notary Public
N v
11 O 0
was acknowledged before me this ZO da of AP ✓i t 1,,d
Greenway Engineering
REZONING: RZ OA"Cii
ORIGINAL DATE
OF PROFFERS: October 27, 2008
REVISION DATE: March 16, 2009
Preliminary Matters
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
BISHOP -AMARI PROPERTY
PROFFER STATEMENT
Bishop -Amari Rezoning
Rural Areas District (RA) to Business General District (B2)
PROPERTY: 2.77 acres±
Tax Parcel #44- ((A)) -43 (here -in after the "Property
RECORD OWNER: Gregory A. Bishop and Thomas Amari
APPLICANT: Gregory A. Bishop and Thomas Amari (here -in after the
"Applicants
PROJECT NAME: Bishop -Amari Property
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicants hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application 002-o9 for
the rezoning of 2.77± -acres from the Rural Areas (RA) District to establish 2.77± -acres
of B -2, Business General District, development of the subject property shall be done in
conformity with the terms and conditions set forth herein, except to the extent that such
terms and conditions may be subsequently amended or revised by the Applicants and
such be approved by the Frederick County Board of Supervisors in accordance with the
said Code and Zoning Ordinance. In the event that such rezoning is not granted, then
these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers
shall be binding upon this Applicant and their legal successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Gregory A. Bishop and
Thomas Amari, being all of Tax Map Parcel 44- ((A)) -43, and further described by
Boundary Survey Plat prepared by Marsh Legge Land Surveyors, P.L.C., dated May
24, 2006 (see attached Boundary Survey Plat), and by Deed recorded as Instrument
#080005787 in the Frederick County Clerk of Courts Office.
File #4906 /EAW
Greenway Engineering
A.) Land Use Restrictions
B.) Transportation Enhancements
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
PROFFER STATEMENT
1. The Applicants hereby proffer to limit commercial structure development to a
maximum of 20,000 square feet within the Property. It is recognized that gasoline
canopies and gasoline pumps are excluded from the 20,000 square feet total
identified in this section.
2. The Applicants hereby proffer to limit restaurant land use to 5,000 square feet of
the maximum 20,000 square feet identified in Section A(1) of the proffer
statement, and to limit gasoline pumps to a maximum of 16 pumps to ensure
consistency with the traffic impact analysis prepared for this rezoning application.
3. The Applicants hereby proffer to prohibit the following land uses within the
Property:
Communication Facilities
Truck Stops
Hotels and Motels
Organization Hotels and Lodging
Car Washes
Miscellaneous Repair Services
Motion Picture Theaters
Amusement and Recreation Services Operated Indoors
Golf Driving Ranges and Miniature Golf Courses
Adult Retail
SIC 48
SIC 5541
SIC 701
SIC 704
SIC 7542
SIC 76
SIC 7832
SIC 79
SIC 7999
No SIC Indicated
Bishop -Amari Rezoning
1. The Applicants hereby proffer to improve the Martinsburg Pike (Route 11 North)
corridor along the frontage of the Property to implement the future planned urban
four -lane divided typical section. This proffered improvement includes widening
of the existing northbound travel lane to include a second thru lane, a separate
continuous right -turn lane, curb and gutter, and sidewalk along the entire frontage
of the Property. The proffered improvements along the Martinsburg Pike
frontage of the Property are depicted on the attached Bishop -Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated March 16,
2009, The Applicants proffer to construct, or cause for the construction of this
improvement prior to the issuance of an occupancy permit associated with the
development of the first Site Plan approved for the Property. The striping plan
File #4906/EAW 2
Greenway Engineering
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Bishop -Amari Rezoning
indicated on this attached proffered exhibit shall be determined by VDOT during
review of the first Site Plan for the property to ensure safe and efficient traffic
movement on the Martinsburg Pike corridor.
2. The Applicants hereby proffer to restrict access to the Property along the
Martinsburg Pike frontage to one right -in and right -out entrance only. The right
in and right -out access shall be designed to prohibit left turn movements into the
Property, which shall require approval by VDOT and Frederick County. The
Applicants proffer to construct, or cause for the construction of this improvement
prior to the issuance of an occupancy permit associated with the development of
the first Site Plan approved for the Property. Additionally, the Applicants agree
to provide for left turn control measures on Martinsburg Pike at this entrance after
construction if VDOT determines that the installed right -in and right -out entrance
design does not adequately prohibit left turn movements into the Property.
3. The Applicants hereby proffer to improve Old Charles Town Road (Route 761)
along the frontage of the Property. This proffered improvement includes
widening of the existing westbound travel lane to include a second future left turn
lane, a separate continuous free flowing right turn lane, a raised concrete median
near the Martinsburg Pike intersection to separate the left turn lane and the free
flowing right turn lane, curb and gutter, and sidewalk along the entire frontage of
the Property. The proffered improvements along the Old Charles Town Road
frontage of the Property are depicted on the attached Bishop -Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated March 16,
2009. The Applicants proffer to construct, or cause for the construction of this
improvement prior to the issuance of an occupancy permit associated with the
development of the first Site Plan approved for the Property. The striping plan
indicated on this attached proffered exhibit shall be determined by VDOT during
review of the first Site Plan for the property to ensure safe and efficient traffic
movement on the Old Charles Town Road corridor.
4. The Applicants hereby proffer to limit the number of entrances to the Property
that intersect Old Charlestown Road (Route 761) to provide for one full
commercial entrance that is designed to provide for separated left and right turn
lanes exiting the Property.
5. The Applicants hereby proffer to provide for an inter- parcel parking lot access
drive located a minimum of 25 feet from the eastern Property line to allow for
access to tax map parcel 44- ((A)) -42 and tax map parcel 44- ((A)) -47. The
Applicants proffer to construct, or cause for the construction of this improvement
prior to the issuance of an occupancy permit associated with the development of
the first Site Plan approved for the Property. Additionally, the Applicants will
provide the County with a copy of the recorded deed of easement document
allowing ingress /egress to these properties as a condition of final Site Plan
approval. It is recognized that the location of this inter parcel parking lot access
drive can be relocated to allow for a shared agreement between the Property and
File #4906 /EAW 3
Grcenway Engineering
tax parcel 44- ((A)) -42 without the need for conditional zoning approval, provided
that the relocation provides for inter parcel access to tax parcel 44- ((A)) -47 along
with ingress /egress documents determined to be acceptable to Frederick County.
6. The Applicants hereby proffer to dedicate right -of -way to the Commonwealth of
Virginia on the Property sufficient to accommodate the transportation
improvements specified in Section B(1) and Section B(3) of this proffer
statement. The proffered variable right -of -way dedication on the Property is
depicted on the attached Bishop -Amari Property Right Of Way Dedication
Exhibit prepared by Greenway Engineering, dated March 16, 2009.
7. The Applicants hereby proffer to provide a monetary contribution of $5,000.00
that may be applied towards right -of -way acquisition, engineering, or
construction costs to allow for the development of intersection improvements at
Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route
672). This monetary contribution will be made to Frederick County prior to the
issuance of an occupancy permit associated with the development of the first Site
Plan approved for the Property and may be utilized by Frederick County as local
match funding for any applicable transportation improvement or enhancement
application associated with the development of intersection improvements at
Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route
672).
C.) Site Design Controls
1. Building Placement.
The Applicants hereby proffer to orient all occupied commercial structures along
Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Rt. 761) and to
prohibit parking spaces and travels aisles between all occupied commercial structure
frontages and adjoining public streets.
2. Plaza Area.
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
The Applicants hereby proffer to develop a plaza area that will be a minimum of
2,000 square feet and will be constructed adjacent to occupied commercial structures.
The plaza area will be constructed during the development of the first Site Plan
approved for the Property.
3. Historic Information Kiosk.
Bishop -Amari Rezoning
The Applicants hereby proffer to develop a kiosk that will be located on the plaza
area, which will be constructed during the development of the first Site Plan approved
for the Property and utilized as an information center for historic features within the
File #4906/EAW 4
Greenway Engineering
4. Building Height.
5. Construction Materials.
6. Rooflines.
7. Building Lighting.
8. Gasoline Fueling Islands.
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Bishop -Amari Rezoning
community and other community information. The kiosk will be a minimum of eight
feet in height with a canopy cover and will provide for a message center that is a
minimum of 24 square feet in area. The Applicants will work with the Frederick
County Historic Resources Advisory Board (HRAB) in the development of historic
information that will be displayed in the kiosk.
The Applicants hereby proffer to limit all structures to a maximum of thirty (30) feet
in height.
The Applicants hereby proffer to utilize similar development themes and similar
construction materials on all walls and roofs for all occupied commercial structures.
The principal construction materials shall be limited to brick, stone, artificial stone,
simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional
shingles, or false roof systems.
The Applicants hereby proffer that all occupied commercial structures shall be
designed with roof systems that are designed to screen mechanical equipment from
view of adjoining public streets.
The Applicants hereby proffer to restrict lighting along adjoining public streets to
building mounted lighting fixtures and ground lighting fixtures. Additionally, the
applicant further proffers to restrict pole mounted lighting fixtures within the parking
lot area to a maximum of twenty -five (25) feet in height and will design all pole
mounted lighting fixtures to be hooded to ensure that parking lot lighting is directed
downward.
The Applicants hereby proffer to restrict the placement of any gasoline fueling islands
and canopies so they are located behind occupied commercial structures.
Additionally, the Applicants proffer that the gasoline fueling island canopy will be at
a height lower than the roofline of the occupied commercial structures located along
Old Charles Town Road (Rt. 761) to mitigate viewshed impacts from the property
located on the south side of Old Charles Town Road.
File #4906/EAW 5
Greenway Engineering
9. Signage.
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Bishop -Amari Rezoning
The Applicants hereby proffer to limit the number of freestanding business signs to
one sign along each public street frontage. Additionally, the Applicants proffer to
limit the freestanding business signs to a maximum of 12 feet in height and a
maximum of 75 square feet.
10. Buffers and Screening.
The Applicants hereby proffer to provide landscape screening to mitigate the
viewshed between parking areas and public streets. This landscaping shall consist of
a combination of evergreen trees that are a minimum of four feet in height at planting
and shrubs that are a minimum three (3) gallon at planting and shall be oriented not to
impact required sight distance at the commercial entrances on public streets.
Additionally, the Applicants proffer to develop a landscape screen between the inter
parcel parking lot access drive and tax map parcel 44- ((A)) -42. This landscape screen
shall consist of a single row of evergreen trees that are a minimum of four feet in
height at planting and are planted on 10 -foot centers. It is recognized that this
landscape screen can be relocated to the west side of the inter- parcel parking lot
access drive to accommodate a shared agreement with tax map parcel 44 ((A)) -42 as
allowed in Section B(5) of the proffer statement.
D.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers to provide a monetary contribution of $0.10 per square
foot of developed commercial structural area for County Fire and Rescue services. The
monetary contribution shall be made payable to Frederick County at the time of issuance
of the building permit for any commercial structural area developed on the Property.
File #4906 /EAW 6
Greenway Engineering
E.) Signatures
October 27, 2008
Revised March 5, 2009
Revised March 16. 2009
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
By:
Commonwealth of Virginia,
Ci /County f €i edevi cL To Wit:
The foregoing instrument was acknowledged before me this2day of 14am
209 by theriaa5 Arno -'Hi VVanctr
My Commission Expires 2_ (242..6IZ_
€315-FraRm l o co
r0 e�p
of
i tRr' l'
Bishop -Amari Rezoning
II7�P• Date: 3�a-o
Notary Public
File #4906 /EAW 7